Privacy Act of 1974; Notice of a Computer Matching Program

DEPARTMENT OF DEFENSE

Defense Logistics Agency

Privacy Act of 1974; Notice of a Computer Matching Program

AGENCY: Defense Manpower Data Center, Defense Logistics Agency, DoD.

ACTION: Notice of a Computer Matching Program

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SUMMARY: Subsection (e)(12) of the Privacy Act of 1974, as amended, (5

U.S.C. 552a) requires agencies to publish advance notice of any

proposed or revised computer matching program by the matching agency

for public comment. The DoD, as the matching agency under the Privacy

Act, is hereby giving constructive notice in lieu of direct notice to

the record subjects of a computer matching program between Railroad

Retirement Board (RRB) and DoD that their records are being matched by

computer. The record subjects are RRB delinquent debtors who may be

current or former Federal employees receiving Federal salary or benefit

payments and who are delinquent in their repayment of debts owed to the

United States Government under programs administered by RRB so as to

permit RRB to pursue and collect the debt by voluntary repayment or by

administrative or salary offset procedures under the provisions of the

Debt Collection Act of 1982, as amended.

DATES: This proposed matching program will become effective September

24, 1998 and matching may commence, unless changes to the matching

program are required due to public comments or by Congressional or

Office of Management and Budget objections. Any public comment must be

received before the effective date.

ADDRESSES: Any interested party may submit written comments to the

Director, Defense Privacy Office, 1941 Jefferson Davis Highway, Suite

920, Arlington, VA 22202-4502.

FOR FURTHER INFORMATION CONTACT: Mr. Vahan Moushegian, Jr. at telephone

(703) 607-2943.

SUPPLEMENTARY INFORMATION: Pursuant to subsection (o) of the Privacy

Act of 1974, as amended, (5 U.S.C. 552a), the DMDC and RRB have

concluded an agreement to conduct a computer matching program between

the agencies. The purpose of the match is to exchange personal data

between the agencies for debt collection. The match will yield the

identity and location of the debtors within the Federal government so

that RRB can pursue recoupment of the debt by voluntary payment or by

administrative or salary offset procedures. Computer matching appeared

to be the most efficient and effective manner to accomplish this task

with the least amount of intrusion of personal privacy of the

individuals concerned. It was therefore concluded and agreed upon that

computer matching would be the best and least obtrusive manner and

choice for accomplishing this requirement.

A copy of the computer matching agreement between RRB and DMDC is

available upon request to the public. Requests should be submitted to

the address caption above or to the Debt Management Operations

Specialist, Railroad Retirement Board, Bureau of Fiscal Operations, 844

Rush Street, Chicago, IL 60611-2092. Telephone (312) 751-4963.

Set forth below is the notice of the establishment of a computer

matching program required by paragraph 6.c. of the Office of Management

and Budget Guidelines on computer matching published in the Federal

Register at 54 FR 25818 on June 19, 1989.

The matching agreement, as required by 5 U.S.C. 552a(r) of the

Privacy Act, and a advanced copy of this notice was submitted on August

11, 1998, to the House Committee on Government Reform and Oversight,

the Senate Committee on Governmental Affairs, and the Administrator of

the Office of Information and Regulatory Affairs, Office of Management

and Budget pursuant to paragraph 4d of Appendix I to OMB Circular No.

A130, `Federal Agency Responsibilities for Maintaining Records about

Individuals,' dated February 8, 1996 (61 FR 6435).

[[Page 45232]]

Dated: August 19, 1998.

L. M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

NOTICE OF A COMPUTER MATCHING PROGRAM BETWEEN THE RAILROAD

RETIREMENT BOARD AND THE DEPARTMENT OF DEFENSE FOR DEBT COLLECTION

A. PARTICIPATING AGENCIES: Participants in this computer matching

program are the Railroad Retirement Board (RRB) and the Defense

Manpower Data Center (DMDC) of the Department of Defense (DoD). RRB is

the source agency, i.e., the activity disclosing the records for the

purpose of the match. DMDC is the specific recipient activity or

matching agency, i.e., the agency that actually performs the computer

matching.

B. PURPOSE OF THE MATCH: Upon the execution of this agreement, the

RRB will provide and disclose debtor records to DMDC to identify and

locate any matched Federal personnel, employed, serving, or retired,

who may owe delinquent debts to the Federal Government under certain

programs administered by the RRB. The RRB will use this information to

initiate independent collection of those debts under the provisions of

the Debt Collection Act of 1982, as amended, when voluntary payment is

not forthcoming. These collection efforts will include requests by the

RRB of the military service/employing agency in the case of military

personnel (either active, reserve, or retired) and current non-postal

civilian employees, and to the Office of Personnel Management in the

case of retired non-postal civilian employees, to apply administrative

and/or salary offset procedures until such time as the obligation is

paid in full.

C. AUTHORITY FOR CONDUCTING THE MATCH: The legal authority for

conducting the matching program is contained in the Debt Collection Act

of 1982 (Public Law 97-365), as amended by the Debt Collection

Improvement Act of 1996 (Public Law 104-134, section 31001); 31 U.S.C.

Chapter 37, Subchapter I (General) and Subchapter II (Claims of the

United States Government), 31 U.S.C. 3711 Collection and Compromise, 31

U.S.C. 3716 Administrative Offset, 5 U.S.C. 5514 Installment Deduction

for Indebtedness (Salary Offset); 10 U.S.C. 135, Under Secretary of

Defense (Comptroller); Section 101(1) of Executive Order 12731; 4 CFR

101.1-105.5, Federal Claims Collection Standards; 5 CFR 550.1101 -

550.1108 Collection by Offset from Indebted Government Employees (OPM);

and 20 CFR part 367, Recovery of Debts Owed to the Railroad Retirement

Board From Other Government Agencies.

D. RECORDS TO BE MATCHED: The systems of records maintained by the

respective agencies under the Privacy Act of 1974, as amended, 5 U.S.C.

552a, from which records will be disclosed for the purpose of this

computer match are as follows:

RRB will use personal data from the record system identified as

RRB-42, entitled `Uncollectible Benefit Overpayment Accounts' last

published in the Federal Register at 49 FR 7900 on March 2, 1984 and

amended as published in the Federal Register at 56 FR 47502 on

September 19, 1991.

DoD will use personal data from the record system identified as

S322.11 DMDC, entitled `Federal Creditor Agency Debt Collection Data

Base,' last published in the Federal Register at 61 FR 32779, June 25,

1996.

Sections 5 and 10 of the Debt Collection Act of 1982 (Public Law

97-365) authorize agencies to disclose information about debtors in

order to effect salary or administrative offsets. Agencies must publish

`routine uses' pursuant to subsection (b)(3) of the Privacy Act for

those systems of records from which they intend to disclose this

information. Sections 5 and 10 of the Debt Collection Act constitutes

the necessary authority to satisfy the compatibility requirement of

subsection (a)(7) of the Privacy Act. The systems of records described

above contain an appropriate routine use provision which permits

disclosure of information between the agencies.

E. DESCRIPTION OF COMPUTER MATCHING PROGRAM: The RRB, as the source

agency, will provide DMDC with a electronic file which contains the

names of delinquent debtors in programs the RRB administers. Upon

receipt of the electronic file of debtor accounts, DMDC will perform a

computer match using all nine digits of the SSN of the RRB file against

a DMDC computer database. The DMDC database, established under an

interagency agreement between DOD, OPM, OMB, and the Department of the

Treasury, consists of employment records of non-postal Federal civilian

employees and military members, both active and retired. The `hits', or

matches will be furnished to the RRB. The RRB is responsible for

verifying and determining that the data on the DMDC electronic reply

file are consistent with the RRB's source file and for resolving any

discrepancies or inconsistencies on an individual basis. The RRB will

also be responsible for making final determinations as to positive

identification, amount of indebtedness and recovery efforts as a result

of the match.

The electronic file provided by the RRB will contain data elements

of the debtor's name, SSN, internal account numbers and the total

amount owed for each debtor on approximately 5,000 delinquent debtors.

The DMDC computer database file contains approximately 8.64 million

records of active duty and retired military members, including the

Reserve and Guard, and the OPM government wide non-postal Federal

civilian records of current and retired Federal employees.

DMDC will match the SSN on the RRB file by computer against the

DMDC database. Matching records, `hits' based on SSN, will produce data

elements of the individual's name, SSN, military service or employing

agency, and current work or home address.

F. INCLUSIVE DATES OF THE MATCHING PROGRAM: This computer matching

program is subject to public comment and review by Congress and the

Office of Management and Budget. If the mandatory 30 day period for

public comment has expired and no comments are received and if no

objections are raised by either Congress or the Office of Management

and Budget within 40 days of being notified of the proposed match, the

computer matching program becomes effective and the respective agencies

may begin the exchange of data at a mutually agreeable time on an

annual basis. By agreement between RRB and DMDC, the matching program

will be in effect and continue for 18 months with an option to renew

for 12 additional months unless one of the parties to the agreement

advises the other by written request to terminate or modify the

agreement.

G. ADDRESS FOR RECEIPT OF PUBLIC COMMENTS OR INQUIRIES: Director,

Defense Privacy Office, 1941 Jefferson Davis Highway, Suite 920,

Arlington, VA 22202-4502. Telephone (703) 607-2943.

[FR Doc. 98-22695 Filed 8-24-98; 8:45 am]

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